[EL] ELB News and Commentary 9/9/11
Sean Parnell
sparnell at campaignfreedom.org
Fri Sep 9 12:47:43 PDT 2011
As reported by Rick, via Dan Backer, after nearly four and a half years I
feel that I've accomplished most of what I can for CCP, and after
discussions with the Board on the direction of CCP I think now is the time
for me to move on. I feel confident that I'm leaving behind a stronger, more
capable and effective CCP than when I arrived, and I have every confidence
that CCP will continue to lead the way on this important issue.
I've enjoyed participating in the list serve, and my thanks to Rick for
offering this important forum for the exchange of ideas.
I hope to have the opportunity to stay involved in this issue, as well as
hopefully begin soon to work in other areas that interest me as well. If
anyone wants to stay in touch, I can be reached at my personal e-mail,
<mailto:parnell001 at hotmail.com> parnell001 at hotmail.com, or my cell phone at
(571) 289-1374.
Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org
http://www.twitter.com/seanparnellccp
124 S. West Street, #201
Alexandria, VA 22314
(703) 894-6800 phone
(703) 894-6813 direct
(703) 894-6811 fax
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick
Hasen
Sent: Friday, September 09, 2011 10:55 AM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 9/9/11
<http://electionlawblog.org/?p=22916> "Hunter: FEC May Issue New Guidance
On Unlimited Contributions for All PACs"
Posted on <http://electionlawblog.org/?p=22916> September 9, 2011 7:53 am
by Rick Hasen <http://electionlawblog.org/?author=3>
BNA reports
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=22737443&vname=mpe
bulallissues&fn=22737443&jd=a0c8z5w9w2&split=0> ($). A snippet:
Attorney Kenneth Gross of the firm Skadden Arps Slate Meagher & Flom said in
a presentation at the conference that business corporations increasingly are
being asked to contribute to the Super PACs and other independent spending
entities created in the wake of Citizens United and other recent rulings.
But, Gross suggested that most companies are proceeding cautiously.
In Citizens United, the Supreme Court struck down decades-old restrictions
on corporate and union spending in federal campaigns. Other decisions by the
lower courts and the FEC have held that corporations and others may make
unlimited contributions to entities that, in turn, make independent
expenditures.
A key area of concern for contributors in this new era, Gross said, is
whether the PACs they give money to could run afoul of FEC regulations
defining when campaign spending is considered coordinated with-and thus a
contribution to-a candidate. While corporations now are allowed to fund
independent expenditures, corporate contributions to candidates remain
illegal. Charges of coordination could embroil a PAC or other group in an
investigation by the FEC or even the Justice Department, Gross added.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22916&title=%E2%80%9CHunter%3A%20FEC%20May%20Issue%20New%20Guidance%20
On%20Unlimited%20Contributions%20for%20All%20PACs%E2%80%9D&description=>
Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=22913> "CAMPAIGN FINANCE BOARD VOTES ON
PROPOSED RULEMAKING FOR DISCLOSURE OF INDEPENDENT EXPENDITURES"
Posted on <http://electionlawblog.org/?p=22913> September 9, 2011 7:47 am
by Rick Hasen <http://electionlawblog.org/?author=3>
The New York City Campaign Finance Board has issued this press release
<http://us2.campaign-archive1.com/?u=1ca4345833ae3d798009ebb05&id=f6059e985b
&e=391c392d4e> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22913&title=%E2%80%9CCAMPAIGN%20FINANCE%20BOARD%20VOTES%20ON%20PROPOSE
D%20RULEMAKING%20FOR%20DISCLOSURE%20OF%20INDEPENDENT%20EXPENDITURES%E2%80%9D
&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=22910> "Saguache County, CO Case Asks: Whose
Election is it Anyway?"
Posted on <http://electionlawblog.org/?p=22910> September 9, 2011 7:44 am
by Rick Hasen <http://electionlawblog.org/?author=3>
Another interesting Chapinblog
<http://blog.lib.umn.edu/cspg/peea/2011/09/saguache_county_co_case_asks_w.ph
p> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22910&title=%E2%80%9CSaguache%20County%2C%20CO%20Case%20Asks%3A%20Whos
e%20Election%20is%20it%20Anyway%3F%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
<http://electionlawblog.org/?p=22907> "Strategic voting in open primaries:
evidence from Rush Limbaugh's 'operation chaos'"
Posted on <http://electionlawblog.org/?p=22907> September 9, 2011 7:43 am
by Rick Hasen <http://electionlawblog.org/?author=3>
E. Frank Stephenson has written this article
<http://www.springerlink.com/content/u2758641m876112n/> for Public Choice.
Here is the abstract:
Open primaries create the possibility of strategic crossover voting. On his
March 3, 2008 program and subsequent broadcasts, radio personality Rush
Limbaugh called on his listeners to extend the Democratic presidential
contest by crossing over to vote for Sen. Hillary Clinton. Using voter
registration data from North Carolina and election return data from Indiana,
North Carolina, and Pennsylvania (states with open, semi-closed, and closed
primaries, respectively), I find no evidence of a Limbaugh-motivated switch
in political party registration or of a large or statistically significant
Limbaugh-motivated increase in voting for Sen. Clinton.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22907&title=%E2%80%9CStrategic%20voting%20in%20open%20primaries%3A%20e
vidence%20from%20Rush%20Limbaugh%E2%80%99s%20%E2%80%98operation%20chaos%E2%8
0%99%E2%80%9D&description=> Share
Posted in political parties <http://electionlawblog.org/?cat=25> , primaries
<http://electionlawblog.org/?cat=32> , theory
<http://electionlawblog.org/?cat=41> | Comments Off
<http://electionlawblog.org/?p=22904> "Newspapers Have No First Amendment
Exemption from Political Spending Reporting Requirements"
Posted on <http://electionlawblog.org/?p=22904> September 9, 2011 7:39 am
by Rick Hasen <http://electionlawblog.org/?author=3>
Volokh blogs
<http://volokh.com/2011/09/08/newspapers-have-no-first-amendment-exemption-f
rom-political-spending-reporting-requirements/> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22904&title=%E2%80%9CNewspapers%20Have%20No%20First%20Amendment%20Exem
ption%20from%20Political%20Spending%20Reporting%20Requirements%E2%80%9D&desc
ription=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
Senator Lindsey Graham Wants a Federal Voter ID Law
<http://electionlawblog.org/?p=22901>
Posted on <http://electionlawblog.org/?p=22901> September 9, 2011 7:37 am
by Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://tpmmuckraker.talkingpointsmemo.com/2011/09/lindsey_graham_backs_fede
ral_voter_id_law_calls_restrictions_the_future_of_the_county.php> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22901&title=Senator%20Lindsey%20Graham%20Wants%20a%20Federal%20Voter%2
0ID%20Law&description=> Share
Posted in voter id <http://electionlawblog.org/?cat=9> | Comments Off
<http://electionlawblog.org/?p=22899> "Off to the races; Secretary of state
races featured in three states"
Posted on <http://electionlawblog.org/?p=22899> September 9, 2011 7:35 am
by Rick Hasen <http://electionlawblog.org/?author=3>
That's the lead story in the beautifully redesigned Electionline Weekly
<http://www.electionline.org/index.php/electionline-weekly?showall=&limitsta
rt=> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22899&title=%E2%80%9COff%20to%20the%20races%3B%20Secretary%20of%20stat
e%20races%20featured%20in%20three%20states%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
<http://electionlawblog.org/?p=22896> "Are our justices bought and paid
for?"
Posted on <http://electionlawblog.org/?p=22896> September 9, 2011 7:32 am
by Rick Hasen <http://electionlawblog.org/?author=3>
Bert Brandenburg's Chicago Tribune oped
<http://www.chicagotribune.com/news/opinion/ct-oped-0909-justice-20110908,0,
2094823.story> begins: "These days, the Wisconsin Supreme Court is looking
a lot like Congress: fractious, dysfunctional and awash in special-interest
cash. The Wisconsin story has important implications for courts in the
Midwest and around the country."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22896&title=%E2%80%9CAre%20our%20justices%20bought%20and%20paid%20for%
3F%E2%80%9D&description=> Share
Posted in conflict of interest laws <http://electionlawblog.org/?cat=20> ,
ethics investigations <http://electionlawblog.org/?cat=42> , judicial
elections <http://electionlawblog.org/?cat=19> | Comments Off
Ga. SOS Kemp Responds to Congressman Lewis
<http://electionlawblog.org/?p=22894> 's NYT OpEd Comparing Voter ID to Poll
Tax.
Posted on <http://electionlawblog.org/?p=22894> September 9, 2011 7:30 am
by Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.nytimes.com/2011/09/09/opinion/georgias-voter-law-the-election-c
hiefs-rebuttal.html?_r=1&partner=rssnyt&emc=rss> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22894&title=Ga.%20SOS%20Kemp%20Responds%20to%20Congressman%20Lewis%E2%
80%99s%20NYT%20OpEd%20Comparing%20Voter%20ID%20to%20Poll%20Tax.&description=
> Share
Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
Shadow Democratic Party Grows <http://electionlawblog.org/?p=22892>
Posted on <http://electionlawblog.org/?p=22892> September 9, 2011 7:29 am
by Rick Hasen <http://electionlawblog.org/?author=3>
<http://www.latimes.com/news/politics/la-pn-obama-superpac-speech-20110908,0
,4078281.story> LA Times: "A meeting of the top fundraisers for President
Obama's 2012 reelection campaign kicks off tonight in Chicago with a
speech-watching party at Obama's headquarters. Right afterward, the national
finance committee members have been invited to another event - a reception
hosted by Bill Burton and Sean Sweeney, two former White House aides who
formed an independent "super PAC" to support Obama's reelection."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22892&title=Shadow%20Democratic%20Party%20Grows&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=22890> "Mesa, Jeffco clerks seek court order
to withhold CORA-requested ballots"
Posted on <http://electionlawblog.org/?p=22890> September 9, 2011 7:27 am
by Rick Hasen <http://electionlawblog.org/?author=3>
News
<http://www.alamosanews.com/v2_news_articles.php?heading=0&page=72&story_id=
21935> from Colorado: "In an attempt to obtain a court ruling differing
from Saguache District Judge Martin Gonzales' recent decision that ballots
are public records, two Colorado county clerks have simultaneously requested
court orders to withhold voted ballots from public inspection."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22890&title=%E2%80%9CMesa%2C%20Jeffco%20clerks%20seek%20court%20order%
20to%20withhold%20CORA-requested%20ballots%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
Sean Parnell Leaves Center for Competitive Politics
<http://electionlawblog.org/?p=22887>
Posted on <http://electionlawblog.org/?p=22887> September 9, 2011 7:24 am
by Rick Hasen <http://electionlawblog.org/?author=3>
So reports
<https://twitter.com/#%21/DBCapStrategies/status/111949280125788160> Dan
Backer.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22887&title=Sean%20Parnell%20Leaves%20Center%20for%20Competitive%20Pol
itics&description=> Share
Posted in election law biz <http://electionlawblog.org/?cat=51> | Comments
Off
Shadow Republican Party Grows <http://electionlawblog.org/?p=22885>
Posted on <http://electionlawblog.org/?p=22885> September 9, 2011 7:23 am
by Rick Hasen <http://electionlawblog.org/?author=3>
Haley Barbour
<http://www.washingtonpost.com/politics/haley-barbour-to-join-super-pac-for-
2012-fundraising/2011/09/08/gIQAeD8gEK_story.html> to work
<http://www.politico.com/news/stories/0911/63048.html> with Karl Rove's
American Crossroads
<http://thecaucus.blogs.nytimes.com/2011/09/08/barbour-joins-rove-affiliated
-super-pac/> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22885&title=Shadow%20Republican%20Party%20Grows&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=22883> "Voter ID laws suppress turnout by
blacks, elderly, panel told"
Posted on <http://electionlawblog.org/?p=22883> September 9, 2011 7:19 am
by Rick Hasen <http://electionlawblog.org/?author=3>
The Clarion Ledger reports
<http://www.clarionledger.com/article/20110909/NEWS/109090342/Voter-ID-laws-
suppress-turnout-by-blacks-elderly-panel-told?odyssey=mod%7Cnewswell%7Ctext%
7CHome%7Cs> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22883&title=%E2%80%9CVoter%20ID%20laws%20suppress%20turnout%20by%20bla
cks%2C%20elderly%2C%20panel%20told%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> ,
voter id <http://electionlawblog.org/?cat=9> | Comments Off
<http://electionlawblog.org/?p=22880> "Wis. Employee Fired For E-Mail
Defying Voter-ID Policy"
Posted on <http://electionlawblog.org/?p=22880> September 8, 2011 4:54 pm
by Rick Hasen <http://electionlawblog.org/?author=3>
TPM reports
<http://tpmmuckraker.talkingpointsmemo.com/2011/09/wis_employee_fired_for_e-
mail_defying_voter-id_pol.php> . Despite the headline, it appears
<http://www.jsonline.com/blogs/news/129469023.html> more likely he was fired
for sending a mass email on the job when not authorized to do so.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22880&title=%E2%80%9CWis.%20Employee%20Fired%20For%20E-Mail%20Defying%
20Voter-ID%20Policy%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
A Big Thank You to Michael Kang <http://electionlawblog.org/?p=22877> .
Posted on <http://electionlawblog.org/?p=22877> September 8, 2011 4:48 pm
by Rick Hasen <http://electionlawblog.org/?author=3>
for his interesting and provocative guest blog posts on his forthcoming "The
End of Campaign Finance Law
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1829474> " article.
Read them here <http://electionlawblog.org/?author=11> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22877&title=A%20Big%20Thank%20You%20to%20Michael%20Kang%E2%80%A6&descr
iption=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
More on Today <http://electionlawblog.org/?p=22873> 's Senate Hearing on
Voting Rights/Voter ID
Posted on <http://electionlawblog.org/?p=22873> September 8, 2011 4:42 pm
by Rick Hasen <http://electionlawblog.org/?author=3>
You can now read the testimony of Judith Browne Dianis
<http://judiciary.senate.gov/hearings/testimony.cfm?id=2072649339b2bb3b19d32
0ce62f6c1b8&wit_id=2072649339b2bb3b19d320ce62f6c1b8-1-1> , Justin Levitt
<http://judiciary.senate.gov/hearings/testimony.cfm?id=2072649339b2bb3b19d32
0ce62f6c1b8&wit_id=2072649339b2bb3b19d320ce62f6c1b8-2-1> , and Hans von
Spakovsky
<http://judiciary.senate.gov/hearings/testimony.cfm?id=2072649339b2bb3b19d32
0ce62f6c1b8&wit_id=2072649339b2bb3b19d320ce62f6c1b8-3-1> .
Watch the archived webcast here
<http://www.senate.gov/fplayers/jw57/urlMP4Player.cfm?fn=judiciary090811p&st
=915&dur=7618> .
TPM also reports on a lively exchange
<http://tpmmuckraker.talkingpointsmemo.com/2011/09/al_franken_smacks_down_ha
ns_von_spakovsky_over_flawed_voter_id_stats.php> between Sen. Franken and
von Spakovsky. No Republican Senator showed up to ask questions of this
panel.
And if you read the TPM stories, or followed my tweets
<https://twitter.com/#%21/rickhasen> , you'd learn the shocking fact that
baby-faced (though goatee-d) Justin was not carded when he got a beer at LAX
(nor did he show i.d. to fly)-a very nice way to make a point.
Justin's 28-page testimony should be required reading by those concerned
about allegations of voter fraud and suppression.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22873&title=More%20on%20Today%E2%80%99s%20Senate%20Hearing%20on%20Voti
ng%20Rights%2FVoter%20ID&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> ,
fraudulent fraud squad <http://electionlawblog.org/?cat=8> , voter id
<http://electionlawblog.org/?cat=9> | Comments Off
<http://electionlawblog.org/?p=22870> "Would A Campaign By Any Other Name
Sound As . Fraudulent?"
Posted on <http://electionlawblog.org/?p=22870> September 8, 2011 4:35 pm
by Rick Hasen <http://electionlawblog.org/?author=3>
Heather S. Heidelbaugh of the Republican National Lawyers Association has
posted this draft
<http://www.redstate.com/heatherheidelbaugh/2011/09/08/would-a-campaign-by-a
ny-other-name-sound-as-%E2%80%A6-fraudulent/> on RedState.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22870&title=%E2%80%9CWould%20A%20Campaign%20By%20Any%20Other%20Name%20
Sound%20As%20%E2%80%A6%20Fraudulent%3F%E2%80%9D&description=> Share
Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8> |
Comments Off
<http://electionlawblog.org/?p=22867> "Fulfilling Kennedy's Promise: Why
the SEC Should Mandate Disclosure of Corporate Political Activity"
Posted on <http://electionlawblog.org/?p=22867> September 8, 2011 4:32 pm
by Rick Hasen <http://electionlawblog.org/?author=3>
John Coates and Taylor Lincoln have posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1923804> on SSRN. Here
is the abstract:
The Supreme Court's Citizens United decision to let corporations spend
unlimited sums in federal elections was premised on a pair of promises:
Corporations would disclose expenditures, and shareholders would police such
spending. Those promises remain unfulfilled: of $266 million spent by
outside groups in 2010, half was spent by groups that revealed nothing about
their funders, double the total spending by outside groups in 2006. The best
chance to fulfill those promises may now rest with the SEC. Contrary to
consensus views, SEC action may benefit owners of affected firms. We
estimate industry-adjusted price-to-book ratios of 80 companies in the S&P
500 that have policies calling for disclosure of electioneering. After
controlling for size, leverage, research and development, growth and
political activity, we find disclosing companies had 7.5 percent higher
ratios than other S&P 500 companies in 2010. Our data are inconsistent with
claims that disclosure is harmful, and are consistent with the idea that
well-managed companies responsive to shareholder concerns tend to be valued
more highly than other companies.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D22867&title=%E2%80%9CFulfilling%20Kennedy%E2%80%99s%20Promise%3A%20Why
%20the%20SEC%20Should%20Mandate%20Disclosure%20of%20Corporate%20Political%20
Activity%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
--
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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